Legal Definitions - in arbitrio alieno

In arbitrio alieno is a Latin legal phrase meaning "according to the judgment of another."

In legal practice, this term most often describes situations where an individual, such as a trustee, is given discretionary power over assets or funds for the benefit of others. While the general purpose or beneficiaries might be specified, the trustee has the authority to make independent decisions regarding the timing, manner, and specific allocation of those assets, relying on their own judgment rather than rigid, pre-set instructions.

• Example 1: Discretionary Educational Trust

  A wealthy grandparent establishes a trust fund for their grandchildren's future education. The will specifies that the funds are to be used for "educational expenses" but grants the appointed trustee full discretion to determine what constitutes an appropriate educational expense. This means the trustee decides whether the funds cover tuition, textbooks, room and board, study abroad programs, or even specialized tutoring, based on their assessment of each grandchild's needs and the overall intent of the trust. The specific allocation of funds is therefore in arbitrio alieno – dependent on the trustee's judgment.

• Example 2: Charitable Foundation Grants

  A philanthropic individual creates a foundation with the broad mission to "support community development initiatives." The foundation's board of directors, acting as trustees, is given the power to decide which specific projects, non-profit organizations, or individuals receive grants each year, and for what amounts. While the overarching goal is community development, the precise beneficiaries and the scope of their funding are determined in arbitrio alieno – according to the board's collective judgment and evaluation of proposals.